2018 (2) TMI 772 - HC - VAT and Sales Tax

Court upholds assessment order, dismisses writ petition lacking pre-deposit, jurisdictional proof.

M/s. Vijaya Mining & Infra Corporation Private Limited Versus The Commercial Tax Officer-I, The Assistant Commissioner (CT) -III, Enforcement Wing, The Appellate Deputy Commissioner (CT), Kurnool Division, The Commissioner of Commercial Taxes, Government of Andhra Pradesh And The State of Andhra Pradesh, Rep. by its Secretary, Revenue (CT), Hyderabad

M/s. Vijaya Mining & Infra Corporation Private Limited Versus The Commercial Tax Officer-I, The Assistant Commissioner (CT) -III, Enforcement Wing, The ... Issues Involved:1. Jurisdiction of the original order of assessment.2. Rejection of the appeal due to non-compliance with the pre-deposit condition.3. Alleged violation of principles of natural justice.4. Applicability and binding nature of the decision in Ankamma Trading Company.Detailed Analysis:Jurisdiction of the Original Order of Assessment:The petitioner contended that the original order of assessment dated 04.02.2015 was without jurisdiction as it included turnover relating to works executed in other States. The court noted that the petitioner was required to produce relevant agreement copies to substantiate their claim that the works were executed outside Andhra Pradesh. The court found that the petitioner failed to provide these documents despite being granted sufficient time. Consequently, the court held that the jurisdictional challenge was not substantiated by the petitioner.Rejection of the Appeal Due to Non-Compliance with the Pre-Deposit Condition:The petitioner’s statutory appeal was rejected by the appellate authority on 07.10.2015 due to the failure to deposit 12.5% of the disputed tax, as mandated by the A.P. VAT Act, 2005. The petitioner argued that they were unable to make the deposit due to financial constraints and cited the suspension of a related judgment (Ankamma Trading Company) by the Supreme Court. The court emphasized that the requirement of pre-deposit is a mandatory condition for entertaining an appeal, as established in Ankamma Trading Company. The court concluded that the petitioner’s failure to comply with this statutory requirement justified the rejection of the appeal.Alleged Violation of Principles of Natural Justice:The petitioner argued that the failure of the 2nd respondent to grant additional time to produce proof of works executed in other States constituted a violation of natural justice. The court examined the timeline and found that the petitioner was given ample opportunity to present their case, including a personal hearing held on 19.01.2015. The court concluded that there was no violation of natural justice as the petitioner had sufficient time to collect and submit the required documents.Applicability and Binding Nature of the Decision in Ankamma Trading Company:The court addressed the petitioner’s argument that the decision in Ankamma Trading Company was suspended by the Supreme Court and therefore should not be binding. The court clarified that an interim suspension by the Supreme Court does not nullify the principle of law established in a judgment. The court maintained that the decision in Ankamma Trading Company remains binding until it is reversed or modified by the Supreme Court. The court also noted that the statutory requirement of pre-deposit is a common feature in revenue statutes and is designed to balance the interests of the revenue and the rights of the assessee.Conclusion:The court dismissed the writ petition, upholding the original order of assessment and the rejection of the appeal. The court emphasized that the petitioner failed to comply with the statutory pre-deposit requirement and did not substantiate their jurisdictional challenge. The court also found no violation of natural justice in the assessment process. The decision in Ankamma Trading Company was deemed binding, and the court saw no reason to take a different view. The writ petition was dismissed, and all pending miscellaneous petitions were closed with no order as to costs.